Published in Criminal Law by Chris Eskew on March 1, 2023.
Sometimes it is a stupid mistake.
Other times a person has left prison or jail and is ready to start fresh.
A criminal conviction puts a red circle on one’s name when looking for jobs or even housing. While some consider it part of the penalty of committing a crime, others realize it is not necessarily fair for one mistake to ruin a person’s life for good.
Surveys show that employers are less likely to hire an employee with a criminal record. Furthermore, landlords are unlikely to rent a property to anyone with a criminal past.
Luckily, there are statewide and federal protections in place for those seeking employment with a criminal history.
In July 2014, Indiana deployed a new rule for criminal background checks. This law specifically details what information criminal history background providers can give to employers.
Under Indiana Code Section 24-4-18-6, the laws for background checks are cleaned up and easier to understand. Now, the new law allows the reporting of non-conviction and pending records, only if the information is in the seven-year window. Therefore, any arrests or non-convictions after seven years cannot legally report per the Fair Credit Reporting Act and the Indiana Statute.
Also, the law limits reporting of felonies that were downgraded to misdemeanor offenses, and a new statutory cause of action was established for any background check company that knowingly reports false information.
Some states disallow asking applicants about a criminal past. Indiana does not.
Employers in the state can ask employees about criminal records, but cannot ask about records that have been sealed or restricted. Any job seeker with an expunged or sealed record can legally deny a history of criminal acts.
While not all employers engage in criminal background checks, Indiana requires certain positions to perform mandatory criminal background screenings.
The request for criminal history must come from the Indiana central repository and a limited check from the Federal Bureau of Investigations per Indiana Statute Section 10-13-3-28.
Two federal laws are in place to protect job seekers, and employers in Indiana must follow these laws as well as their state laws regarding background checks.
Under the federal Fair Credit Reporting Act, accuracy is critical.
A criminal background check might include errors, such as:
Under the FCRA, employers and background screening firms are required to follow specific protocols, including:
If the information is inaccurate, the firm providing that information must correct it. It is also their duty to ensure that they only provide accurate, factual records to employers.
Under the Civil Rights Act of 1964, Title VII, employees and applicants are protected from any discrimination for any aspect of employment.
However, this does not mean an employer must hire someone with a background check. Instead, they cannot discriminate a particular race that is more likely to have criminal records – such as Latino or African American. Instead, the employer must have a blanket policy of zero tolerance for any criminal convictions or felonies, for example.
Employers must follow the guidelines presented by the Equal Employment Opportunity Commission (EEOC) when screening for criminal history and excluding applicants based on criminal history.
No matter what crime was committed in the past, whether misdemeanor or felony, anyone applies for a job in Indiana has rights.
Employers can see pending criminal cases and get an accurate picture of potential employees, but they cannot discriminate, and applicants have the right to know if their background plays a role in determining eligibility for a position. Furthermore, employers must have a clear and written policy about what criminal acts they prohibit, such as anyone with a felony record.
If you or a loved one has been arrested for a crime in Indiana, you have rights. You can forgo the complications of a criminal record by hiring an attorney to represent your case. A criminal background check attorney from Eskew Law may be able to get your charges dismissed or reduced to the point they do not affect your ability to seek employment in the future.
Schedule a consultation with an attorney from our law office today or request more information about our criminal defense services online.
Chris Eskew is the founding partner of Eskew Law. With over 15 years of experience, he focuses his practice on criminal defense, DUI defense, and family law. Chris is known for his dedication to his clients, his strong advocacy skills, and his commitment to achieving the best possible outcomes in legal matters. He is well-respected within the legal community and has earned a reputation for providing personalized and effective representation.
